What are the legal aspects to consider?
This is part of our ongoing series of Q&As on professional organizing.
To see previous answers, please click the Q&A category link in the right hand column
Julie in Marietta, GA asks:
Q: What are the legal aspects?
A: Since I’m not a lawyer, I will only be able to give you the basic areas to think about when starting and running an organizing business.
These are the legal matters that affect you most:
Trademark/Servicemark: Do not choose the name of your business without first checking with http://uspto.gov to see if someone holds a federal servicemark on the name. Servicemark is like a trademark for a service. Next check websites. If the name is in use anywhere, it is best to stay away from it for brand confusion, but it is not illegal unless there is a trademark.
Insurance: you may need it. Insurance is about how much risk you’re willing to take so it is up to you if you think you need it and how much.
You want to look into basic business insurance which protects your place of business, database, and items you own. Next you may need business liability insurance which covers things like advice you give.
Errors and omissions would be useful if you’re dealing with a lot of paperwork. You also may need other insurance if you have employees, do installations, or work on computers.
Incorporation: You may need to see a lawyer and an accountant about incorporating and finding out whether it will protect you legally and/or financially.
Copyright: Be careful about what you put on your website. There are laws regarding copyright that many people are not aware of. Essentially, if you didn’t write something yourself, you don’t own the copyright and cannot use it on your website. You cannot use wording from other websites, books, blogs or even facebook and twitter. If you like what someone else has said, either re-write it in your own words, or ask permission to use it.
The same goes for cartoons, drawings, photos, video, music and anything that can be duplicated.
I have added some good websites you can look to for further information:
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